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ARTICLE · 02 NOVEMBER 2022

Can my employer change my working hours?

In general, an employer cannot change an employee's contracted working hours without mutual agreement.

AustraliaEmployment and HR

In general, an employer cannot change employees contracted working hours without it being mutually agreed.

An employee who has their working hours or rosters changed without consultation in the absence of a clause permitting their employer to do so may be able to make a claim for constructive dismissal or breach of contract. Constructive dismissal is the term used to describe a situation where an employee has no choice but to resign from their employment because of conduct, or a course of conduct, engaged in by their employer. For example, reducing a full-time employee's hours to just one day per week.

Check your contract

Some contracts contain clauses that allow employers to change an employee's roster, ordinary hours of work, or start and finish times without agreement. Check your contract for specific information regarding your employment. If no such clause exists, you have no legal obligation to agree to any proposed variation.

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